REVIEW COMMENTS
DEVELOPMENT SERVICES DEPARTMEI'4 I
MEMORANDUM #PZ01-037
Staff Report
Planning and Development Board and City Commission
Meeting
Date
March 13, 2001
File No
ZNCV 00-022 (parking space reduction)
Location
915 North Federal Highway Boynton Beach
Owner'
Michael & Marsha Morakis
Project:
M & M Appliances
Variance
Request:
Request relief from the City of Boynton Beach land Development Regulations,
Chapter 2, Zoning, Section 11,H 16 d (12), to allow nine (9) parking spaces in
lieu of the sixteen (16) required by code, a variance of seven (7) spaces for a
retail business zoned C-4, General Commercial
BACKGROUND
M & M Appliances is concurrently submitting a site plan for a 1,196 square foot rear addition to
the existing building of 1,967 square feet. The addition would be used for accessory uses,
storage and service, to the main use, retail sales of appliances A mezzanine is included in the
proposed addition and would only be used for storage of parts (see Exhibit "B" - site plan) The
existing seven (7) parking spaces are not sufficient to comply with the minimum required for the
current retail business The proposed building addition would increase the total number of
required parking spaces to sixteen (16) spaces The applicant is proposing to construct two (2)
new parking spaces for a total of nine (9) spaces Building configuration and lot size
constraints make it impossible to add more parking spaces, and therefore, a variance is needed
for relief from zoning requirements to allow a reduction of seven (7) spaces from the required
sixteen (16) spaces
It should be noted that a rear addition was built without securing the necessary permits, and
consequently, the business was cited by the Code Compliance office The proposed site plan
modification and the subject variance request represent the applicant's response to the
outstanding code violation
The following is a description of the zoning districts and land uses of properties that surround
the subject property (see Exhibit "A" -location map)
North
South
East:
West:
Auto repair business zoned C-4,
Joe's Market business zoned C-4,
Federal Highway right-of-way and farther east a vacant lot zoned C-4, and
F E C Railway right-of-way and farther west an industrial use zoned M-1
Page 2
M & M Appliances
File No ZNCV 00-022
ANALYSIS
The code states that the zoning code variance can not be approved unless the board finds the
following
a That special conditions and circumstances exist which are peculiar to the land, structure,
or building involved and which are not applicable to other lands, structures or buildings in
the same zoning district.
b That the special conditions and circumstances do not result from the actions of the
applicant.
c. That granting the variance requested will not confer on the applicant any special privilege
that is denied by this ordinance to other lands, buildings, or structures in the same zoning
district.
d. That literal interpretation of the provisions of this ordinance would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district under the terms of
the ordinance and would work unnecessary and undue hardship on the applicant.
e That the variance granted is the minimum variance that will make possible the reasonable
use of the land, building, or structure
f That the grant of the variance will be in harmony with the general intent and purpose of
this chapter [ordinance] and that such variance will not be injurious to the area involved or
otherwise detrimental to the public welfare.
Staff conducted this analysis with emphasis on the applicant's response to the above criteria
contained in the Exhibit "C", and current site layout and capacity Staff acknowledges that the
business has exceeded the limited space that the site and building offer Therefore, the need
for the variance request is created by actions of the applicant.
In response to the above criteria "d" the applicant states the purpose" .to demolish part of his
existing permitted structure to meet the parking requirements of today's code" It has been
determined that the existing number of parking spaces do not meet current parking
requirements for the existing and permitted building The proposed addition to the rear of the
permitted building warrants additional parking spaces that the site cannot accommodate The
structure that must be demolished is the non-permitted rear addition currently used for storage
and servicing of appliances With respect to business operation and intensity, the applicant's
response to criteria "e" above, claims that the proposed addition will not increase" .the current
density of the existing usage" Staff assumes that the applicant meant site intensification when
stating "density"
However, staff recognizes the applicant's effort to alleviate problems inherent to the nature of
the business the needs for additional indoor and outdoor storage space, and the lack of a
servicing area The applicant feels that the proposed structure will eliminate the open
warehousing and open servicing area at the rear of the property, thereby addressing aesthetic
and code compliance issues Staff concurs that the proposed modifications will greatly enhance
the appearance of the site by enclosing the unsightly stock of appliances and by enclosing and
landscaping the dumpster, thus partially complying with the criteria "f' above However, staff
Page 3
M & M Appliances
File No ZNCV 00-022
cannot overlook the fact that it is the applicant who has created the unsightly appearance, and it
is the applicant who has created the needs for this variance request.
CONCLUSIONS/RECOMMENDATIONS
To summarize, it is the opinion of staff that the applicant fails to satisfy the above-referenced
criteria, and, therefore, fails to prove a traditional hardship to justify this variance request.
Furthermore, staff recognizes that approval of this variance request will exacerbate a minimal
parking problem on the site intensified with the presence of loading trucks For those reasons,
and due to the circumstance that the need for the variance is the result of the applicant's action,
staff recommends that this variance request for seven (7) parking spaces be denied
No conditions of approval are recommended, however, any conditions of approval
recommended by the Planning and Development Board or City Commission will be placed in
Exhibit "D"
MR/dim
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EXHIBIT "e"
KIMBERL Y A.
DELLASTATIOUS AIA,PA
422 N Dooe Highway
Lake Worth, Flonda 33460
561-582-5622
December 19, 2000
Boynton Beach Zorung Department
VarIance Request for
M&M Applamce
915 North Federal Highway
Statement of SpeCIal CondItIons, HardshIps, and of other reasons JustIfYmg the requested
varIance'
A. SpeCIal condItIOns and CITcumstances eXIst whIch are peculIar to the land, structures or
buildmg mvolved and whIch are not applIcable to other lands, structures or buildmgs m the
same zorung dIstnct.
.:. These condItIons are as follows.
1 ThIs partIcular SIte WIth a 1,967 square foot retail structure on It has SIte
plan approval from 1980 It was approved based on seven (7) requITed
parkIng spaces. ThIs IS three (3) short of to day's requITements.
2 The SIte has the nght to have extenor storage of the used and servIceable
applIances m the yard, thus causmg a VIsual ll1ghtmare for the publIc
3 The Owner IS proposmg to clean up the SIte by buildmg a storage /
servIce bay to the rear of the eXIstmg buildmg. ThIs new addItlon would
elImmate the need to have open warehousmg of the applIances m the rear
of hIs yard. ThIs new addItIon would greatly enhance the appearance of
the SIte by enc10smg the unSIghtly applIance stock that VIsually lItters the
yard. By addmg thIs addItIonal square footage to the eXIstmg buildmg,
the Owner would not be creatmg any addItIOnal need for parkmg spaces.
No new employees would be added, no new retail space would be added.
ThIs new addItIOnal area would not be open to the publIc
4 Due to the C-4 zorung dIstnct regulatIOns, today's code reads that
storage / warehousmg IS not permIssible unless It IS an accessory use to a
prImary use ThIs IS the case here The dIfference IS that you must
calculate the parkmg area of the warehouse as retail space at 1 parkmg
space per 200 gross square feet of area. If we were allowed to calculate
the warehouse area as stnctly warehouse, then the parkmg calculatlon
would be 1 parkmg space per 800 gross square feet of area. At that rate,
we would only need two (2) addItIOnal parkmg spaces, whIch we have
pIcked up on thIs new proposed SIte plan. The key Item to remember IS
EXHIBIT "e"
that the new addItIOn houses only a storage use and It IS not accessible to
the publIc
B These specIal CIrcumstances and condItIons have not resulted from the actlons of the
applIcant. Tills IS an eXIstmg busmess that has been operatmg smce 1980 The applIcant
has had the property for apprOXImately two years and IS cleanmg up the property to make
It more m complIance to today's code He has added landscapmg and parkIng lot lIghtmg
so far to date.
C The grantmg of tills vanance will not confer on the applicant any specIal pnvilege that IS
derued by tills Ordmance to other lands, buildmgs or structures m the same zonmg dIstnct
under the eXlstmg CIrcumstances.
D The lIteral mterpretatIon of the proVISIOns of tills chapter would depnve the applIcant of
nghts commonly enjoyed by other propertIes m the same zonmg dlstnct under the terms of
the Ordmance and would work unnecessary and undue hardsillp on the applicant. The
applIcant would m fact have to demolIsh part of ills eXIstmg permItted structure to meet
the parkmg requIrements of to day's code. (See A,l statement above)
E. The vanance requested IS the ffilll1illum varIance that will make possible the reasonable use
of the land and buildmg. In fact, the buildmg IS presently operatmg like tills now The
dIfference would be that the applIances would be housed m a structure as opposed to the
open warehousmg as allowed currently We are not mcreasmg the current densIty of the
eXlstmg usage Only buildmg an enclosure around It.
F The grantmg of tills varIance will be m harmony WIth the general mtent and purpose of tills
chapter and that such varIance will not be mJunous to the area mvolved or otherwIse
detnmental to the publIc welfare.
To summarIZe, the Owner has operated m tills manner for a number of years and has not
expenenced the need for parkmg on ills lot other than for what has been prOVIded. In tills
modIfied SIte plan, we are addmg two addItlonal spaces on the SIte m addItlon to the eXlstmg
seven. We feel tills IS an appropnate number of spaces to allow for proper functlons of tills SIte
The SIte has operated m tills manner for years WIthout expenencmg problems.
If you have any questIOns or concerns or If I can be of any help, please feel free to contact me at
561- 582-5622
KIMBERLY A. DELLASTATIOUS AIA,PA
, /; n 1/ rl---P-t---
LG0~ 0J~l~[~
KIm DellastatIous AIA,NCARB
PreSIdent ,~ ~ . I" - c..
ifnC~\..('_i,-) Y J()l uJ:Lh
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EXHIBIT "e"
CondItIons of Approval
Project name M & M ApplIances
FIle number ZNCV-00-022 (Number ofparkmg spaces)
R tI Z C d V AId d D b 19 2000
e erence omnl! o e anance mnlIcatIOn ate ecem er '.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments. NONE X
UTILITIES
Comments. NONE X
FIRE
Comments. NONE X
POLICE
Comments. NONE X
ENGINEERING DIVISION
Comments NONE X
BUILDING DIVISION
Comments. NONE X
PARKS AND RECREATION
Comments NONE X
FORESTER/ENVIRONMENTALIST
Comments. NONE X
PLANNING AND ZONING
Comments. NONE X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
Comments. NONE X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments. To be determmed.
MWRlpat
J:ISHRDATAIPLANNINGISHAREDlWPIFORMSIBLANKS FORMS FOLDERICOND. OF APPROVAL 2001 FORM.DOC
DEVELOPMENT DEPARTMENT
MEMORANDUM NO PZ 01-035
SITE PLAN REVIEW STAFF REPORT
PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION
March 6, 2001
DESCRIPTION OF PROJECT
Project Name/No. M & M Appliance / MSPM 00-006
Property Owner. Michael & Marsha Morakis
Applicant/Agent: Kim Dellastatious
location Address 915 North Federal Highway
The subject project is located just north of Northeast 6th Avenue and lies approximately
1 ,400 feet south of the C-16 Canal
land Use/Zoning GC General Commercial! C-4 (General Commercial District)
Type of Use Retail
Project size
Site Area
Building Area
025 acres (10,722 square feet)
Existing building area. 1,967 square feet
Proposed building area. 1,196 square feet
Total building area 3,163 square feet
Adjacent Uses
(see Exhibit "A" - Location Map)
North - Moore's Discount Mufflers zoned C-4,
South -
Joe's Market zoned C-4,
East
U S 1 (Federal Highway) Right-of-way, farther east N & D Auto Repair
zoned C-4, and
West -
Florida East Coast Railroad Right-of-way
Site Characteristics The subject site is fully developed comprised mainly of two square shaped lots which
supports a 1,967 square-foot structure and seven (7) parking spaces
There are chain link fences six (6) feet in height in place along the rear (west) and side
(north and south) property lines As part of this proposal, the chain link fence along the
northern property line will be restored to that of its original condition The chain link fence
on the southern property line will be extended eastward one (1) foot beyond a new building
egress door and the fence will contain matching material of the existing fence
Proposal
This proposal is to construct a one and one-half (1 %) story addition to an existing retail
building on 0.25 acres (see Exhibit "B" - Proposed Site Plan) The new 1,196 square-foot
building addition will consist of 926 square feet of ground floor building area (storage!
service) and 270 square feet of mezzanine area (storage) for a total building area of 3,163
square feet. Located to the rear of the building addition and hidden from the street will be
an 18 feet by 9 feet outside "appliance washdown" area This washdown area requires an
Page 2
M & M Appliance - Site Plan Review Staff Report
Memorandum No. PZ 01-035
Environmental Review Permit, which the applicant has requested and is now pending
approval from Staff It should be noted that the proposed improvement conforms with the
C-3 zoning district regulations and is therefore in compliance with the "Zoning in Progress /
Notice of Intent" that is currently in effect for the subject property
The proposed building addition is eighteen and one-half (18'-6") feet in height. The
dumpster will be located in the northwest corner of the site Two new parking spaces are
proposed, of which, one will be a parallel parking space located in the northeast corner of
the property
Concurrency
a. Traffic - A traffic statement for this project was submitted and was sent to the Palm Beach
County Traffic Division for their review and approval The Palm Beach County
Traffic Division determined the project met the Traffic Performance Standards of
Palm Beach County
b. Drainage - This project is not subject to the City's concurrency ordinance regarding drainage
(Chapter 1 5, Article VI, Section 10 B ) Conceptual drainage information was
submitted for the City's review and the Engineering Division has no additional
comments However, exemption of a development order or permit from the
concurrency requirement shall not relieve the obligation of the applicant in obtaining
the necessary permits / approvals from all applicable reviewing agencies such as
the Lake Worth Drainage District and South Florida Water Management District.
Driveways The on-site traffic circulation will maintain its original configuration The existing twenty-
four (24) foot wide two-way driveway which provides ingress/egress onto (U S 1 Federal
Highway), is located eighteen feet south of the northeast corner of the property
Parking Facility. A total of sixteen (16) spaces are required for the proposed use based on the ratio of one
(1) space per 200 square feet of gross retail floor area There are currently seven (7)
existing parking spaces Two new spaces are now being proposed The total number of
parking spaces provided equals nine (9), of which, one (1) space is designated for
handicap use All 900 spaces, except the lone handicap space will be dimensioned nine
feet by eighteen feet (9' x 18') and will include wheelstops. The parallel parking space will
be nine feet by twenty-five feet (9' x 25') It should be noted that this project will require a
parking variance from Chapter 2, Section 11 H in order to allow nine (9) parking spaces
rather than the minimum sixteen (16) parking spaces as required by Code Site plan
approval is contingent upon approval of the parking space variance
Landscaping The plan meets the minimum landscape requirements as set forth in the City Code
Existing hedge material is found along the front and side property lines The landscape
plan proposes an additional Conocarpus erectus (Green Buttonwood) buffer hedge along
the north property line This hedge will also surround the dumpster enclosure as a means
of providing additional landscaping in order to enhance the attractiveness of the structure
and overall site Presently, the entire portion of the rear lot contains existing asphalt. The
landscape plan proposes to remove the asphalt and replace it with appropriate
groundcover / sod in all areas of the site excluding the drive aisle and parking areas
Building and Site Building and site regulations will be fully met when staff comments are incorporated into the
Page 3
M & M Appliance - Site Plan Review Staff Report
Memorandum No PZ 01-035
permit drawings.
Community Design The architectural design for the one and one-half (1 %) story building addition will be stucco
finish to match the stucco of the existing building The stucco walls will be repainted off-
white (Porter Paint 7148-1) and the new blue metal facia will match the existing metal facia
(Delcoa- Royal Blue)
Signage The project is neither proposing additional signage nor will it have an impact on the existing
signage
RECOMMENDATION.
In conjunction with this site plan modification, the applicant has submitted a variance for the number of parking
spaces required for the site The site is already deficient in parking by two (2) spaces The proposed ~ddition will
further this parking deficiency Staff has recommended denial of the variance due to lack of hardship The
building addition is being proposed to eliminate the outdoor storage currently existing on site Staff acknowledges
that the present use may have outgrown it's current facility, however the proposed addition exacerbates the
already non-conforming parking situation Staff, therefore, recommends denial of the site plan
If the Board decides to approve the site plan, the approval should be subject to the comments included in Exhibit
"C" - Conditions of Approval and contingent upon the granting of the parking variance The Technical Review
Committee (TRC) recommends that the deficiencies identified in Exhibit "C" be corrected on the set of plans
submitted for building permit.
xc: Central File
\\CH\MAIN\SHRDATA\Planning\SHARED\WP\PROJECTS\M & M Appliance\M & M Appliance MSPM\Staffreport MSPM 00-006.doc